PETALING JAYA: The Attorney General’s Chambers has dismissed a claim by Datuk Seri Najib Razak’s lawyer that the High Court’s dismissal of the former prime minister’s house arrest bid had potentially diminished the power of the Malay Rulers.
The AGC said the claim made by the lawyer on Monday was untrue and did not reflect the actual reasons given by the High Court.
In a statement issued yesterday, the AGC added that the High Court in dismissing Najib’s application for judicial review, had emphasised that the power of pardon is a prerogative of the Yang di-Pertuan Agong that is guaranteed under Article 42(1) of the Federal Constitution.
“Nevertheless, Article 42 of the Constitution also provides that, in exercising this prerogative power, the King, the Malay Rulers and the governors shall sit together with the Pardons Board in deciding any application for pardon,” it said.
As for Najib’s case, the AGC said the minutes of the 61st Meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya clearly revealed that the matter of house detention was never discussed nor ordered by the former Yang di-Pertuan Agong during that meeting.
“In this regard, the meeting only deliberated on Najib’s application for a full pardon, and the decree of the 16th Yang di-Pertuan Agong at the time was solely for a 50% reduction of the term of imprisonment and fine,” it said.
“The High Court judge had made a decision according to that, as no additional order for house detention was made pursuant to Article 42 of the Constitution, as the matter was never discussed at the meeting nor decided by the former King at the same meeting.”
It said this clearly demonstrated that the High Court’s decision did not in any way diminish the powers of the Rulers in granting a pardon to an offender.
“It added that the High Court’s decision has clearly and comprehensively explained the process by which the Rulers and state leaders can exercise their powers in deciding a pardon, therefore strengthening and affirming the authority of the royal institution, particularly in matters relating to applications for pardon.
“Therefore, this Chambers wishes to emphasise that any actions intended to incite or disrupt public order through a misinterpretation of the Court’s judgment are wholly inappropriate. All parties should respect the appeal process undertaken by Datuk Seri Najib,” it said.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah had on Monday, after the dismissal of Najib’s application for the house arrest, urged the King and other state Rulers to study the High Court’s judgment on the addendum order which he claimed had diminished their power of pardons.
With the judgment, Najib will have to continue serving his jail term at Kajang Prison.
